Guardianship/Conservatorship of Onstad

10:45am Wednesday, November 7, 2007
20060280 In the Matter of the Guardianship
and Conservatorship of Doris Muriel Onstad
--------------
Elizabeth Onstad, Petitioner and Appellant
v.
Mary Onstad and
John Onstad, Guardians, Respondents and Appellees
and
State Bank and Trust,
Conservator,
and
Elizabeth Onstad, as personal
representative of the Estate
of Doris Muriel Onstad, deceased
Appeal from: East Central Judicial District, Cass County, Judge Georgia Dawson
Nature of Action: Guardian/Conservator
Counsel:

Appellant: Monty Grant Mertz
Appellee: Mark R. Hellerud
Appellee: Vogel Law Firm
Appellee: Sara Kaye Sorenson

Issues: Appellant's Statement of the Issues:
Whether the issues in this appeal are moot?
Whether the Trial Court's Findings of Fact and Conclusions of Law are erroneous?
Whether Doris Onstad's house should be deeded to Elizabeth Onstad?
Whether Elizabeth Onstad should be awarded all of her attorneys fees, and other attorneys fees should be disallowed?
Appellee's Statement of the Issues:
The Appellees, John and Mary Onstad ("John and Mary"), have no dispute with the Appellant Elizabeth Onstad's ("Elizabeth") Statement of the Issues.
The Court should note, however, that the four issues listed by Elizabeth are not relevant to either the trial court's March 16, 2006, Order or its May 4, 2006 Order, both of which involved procedural and discovery matters. (See App. pp. 19-20, 20-21) Although Elizabeth listed these two earlier Orders in her Notice of Appeal (App. p. 49), she presumably has abandoned that aspect of her case and is appealing only from the trial court's Order dated August 28, 2006. (App. pp. 46-48) That is the Order in which the trial court determined that John and Mary should remain as co-guardians for their mother, Doris Onstad ("Mrs. Onstad"), that State Bank and Trust of Fargo ("State Bank") should replace John and Mary as conservators, that Mrs. Onstad's home should be sold, and that Elizabeth should be reimbursed only for those attorneys fees incurred in connection with her successful appeal to the Supreme Court. (App. pp. 46-47)
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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